Syllabus: The Microsoft Case

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The syllabus as it develops...

Assignment for January 21
Predatory Pricing
Read Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574 (1986) MSWord version.

Assignment for Monday, January 14
Times-Picayune Publishing Co. et al. v. U. S., 345 U.S. 594 (1953)
Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585 (1985)
Everyone should read the direct testimony of David Farber and Edward Felten.

Assignment for Monday, December 7
Technological and Non-Technological Tying

Assignment for Monday, November 30
Technological and Non-Technological Tying

Jefferson Parish Hospital District No. 2 v. Hyde, 466 U.S. 2 (1984), (in the latest reading packet)
Prof. Einer Elhauge's Op-ed (in the same packet)
Transcripts/summaries for testimony of Steven McGeady, Glenn Weadock, John Soyring, and Frederick Warren-Boulton.

No class Monday, November 23

Assignment for Monday, November 16
Tying
In final distribution pack:

Alan J. Meese, Tying Meets the New Institutional Economics: Farewell to the Chimera of Forcing
Alan J. Meese, Monopoly Bundling in Cyberspace: How many Products Does Microsoft Sell?
John C. Yates & Anthony E. DiResta, Software Support and Hardware Maintenance Practices: Tying Considerations
Image Technical Services, Inc. v. Eastman Kodak Co. 125 F.3d 1195 (9th Cir. 1997)
Case transcripts through November 9. Links are posted on the course homepage as soon as received.
Summaries of the testimony are collected on a page in our password-protected directory.
Currently online, 10/19 - 11/10/98: Examinations of James Barksdale, David Colburn, Avadis Tevanian, and Steven McGeady.

Assignment for Monday, November 9
Tying
In distribution pack 4:

Alan J. Meese, Tying Meets the New Institutional Economics: Farewell to the Chimera of Forcing
Alan J. Meese, Monopoly Bundling in Cyberspace: How many Products Does Microsoft Sell?
Image Technical Services, Inc. v. Eastman Kodak Co. 125 F.3d 1195 (9th Cir. 1997)
Follow the case transcripts as they are released.
October 19, a.m.: Opening statements of Stephen Houck for Plaintiff States, William Boies for the United States
October 19, p.m.: Continued opening statement of William Boies for the United States
October 20, a.m.: Opening statement of John Warden for Microsoft
October 20, p.m.: Cross examination of James Barksdale
Barksdale's direct testimony, submitted by transcript
October 21, a.m.: Continued cross examination of James Barksdale
Defendant's exhibit 6, an email from Jim Clark to Dan Rosen and Brad Silverberg
October 21, p.m.: Continued cross examination of James Barksdale

Assignment for Monday, October 26
The OEM
Follow the case transcripts as they are released. Links will be posted on the course homepage as soon as received.
Distribution packet 4 contains additional reading.

Assignment for Monday, October 19
The OS - Guest Panelists Jerry Saltzer and Hal Abelson

J.H. Saltzer, D.P. Reed, & D.D. Clark, End-to-End Arguments in System Design.
(PDF format requires Adobe Acrobat Reader.)
Materials to be available at the distribution center.
Each team should prepare four questions for the operating system experts who will be at this week's class.

Readings for Monday, October 12
Java

Mark A. Lemley & David McGowan, Could Java Change Everything? The Competitive Propriety of a Proprietary Standard, 520 PLI/Pat 453
Materials from Sun Microsystems' Java lawsuit archive
Materials from the Microsoft archive
Distribution packet 3.

Readings for Monday, October 5
United States v. Microsoft: Contempt Case
Briefs

U.S. memorandum in support of contempt petition
Microsoft response
U.S. reply

U.S. motion for contempt judgment and to enforce preliminary injunction
Microsoft opposition
U.S. reply

U.S. proposed findings of fact
Microsoft proposed findings of fact

Microsoft appeal
U.S. appellate brief
Microsoft reply
Distribution packet 2.

Readings for Monday, September 28
United States v. Microsoft: Consent Decree
Distribution packet 1.

Course Description:
Professors Lessig and Zittrain will teach a research seminar on the Microsoft case. The seminar will meet at least once a week, beginning the week of 9/21. It will review the proceedings leading up to the present antitrust action, and then shadow the current trial. We will collect transcripts from the case, which will be assigned each week, as well as other readings to be determined. In addition to the ultimate question of liability, we will consider whether there are special issues that cyberspace raises for antitrust. The most significant requirement of the course will be classroom participation; a short paper at the end will be required.

Last modified 1/16/98 by Wendy Seltzer.

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